The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance that the defendant committed the instant crime without being aware of the fact that he/she was under criminal punishment, including criminal records of the same kind, and that he/she committed the instant crime even though he/she was under probation

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, the degree of power exercised by the defendant is relatively minor, and the damaged person wants to take the action against the defendant by agreement with the victim.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.